ASCP, Lab Community Secure Regulatory Flexibility to Allow Remote Pathology Services

March 27, 2020

In response to unrelenting advocacy from ASCP, other laboratory and pathology organizations, the American Medical Association and other medical associations, the Centers for Medicare and Medicaid Services (CMS) announced an immediate change in policy regarding the ability of pathologists and laboratory personnel to work remotely without the need for a separate CLIA certificate.

On March 26, CMS released a memo stating that it “will be exercising enforcement discretion and we will not enforce the requirement to have a separate certificate for laboratories that are located at a temporary testing site.” While the memo clearly provides pathologists the authority to work remotely during the current public health emergency, it was less clear that this authorization extended to laboratory professionals.

As a result, ASCP sought clarification from the Agency on this question. On March 30, ASCP received clarification that non-physician laboratory professionals may also work remotely. ASCP had urged the Agency to change policy in a March 17 letter, which was supported by a joint ASCP/Association of Pathology Informatics Action Alert that generated more than 10,000 letters to federal policymakers.

ASCP’s Action Alert also provided support for a March 25 Congressional sign-on letter, led by Congressmen Buddy Carter (R-GA) and Bobby Rush (D-IL), urging Secretary Azar to allow for the provision of remote pathology services. A copy of the Carter/Rush letter, signed by 37 members of Congress, can be obtained here. A copy of the CMS memo can be retrieved here.

Other articles in the March 2020 Special ePolicy News:

• Laboratories on the Front Lines: Battling COVID-19
• Historic $2 Trillion Stimulus Bill Approved, Big Impact on Labs
 

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For more information regarding ASCP's advocacy initiatives and policy positions, please contact ASCP's Center for Public Policy at (202) 408-1110.
 
 

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